Gibson v. Commonwealth

SIMS, Judge.

Appellant, Shelby Gibson, was driving a car which struck and killed James White, an eight year old boy. Gibson was indicted for and convicted of voluntary manslaughter and his punishment was fixed at confinement in the penitentiary for five years. On this appeal he seeks to reverse the judgment because the court erred: 1. In overruling his motion for a continuance; 2. in not granting him a new trial because the verdict is against the law and the evidence; 3. in instructing the jury.

Appellant’s motion for a continuance was duly filed and his supporting affidavit set out in detail…